According to Article 133 of the Criminal Law of People's Republic of China (PRC), anyone who violates traffic regulations and thus causes a serious accident, causing serious injury or death or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.
According to Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Traffic Accidents, traffic accidents shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;
(4) Driving with knowledge of unlicensed or scrapped motor vehicles;
(five) serious overload driving;
(six) to escape from the scene of the accident in order to escape legal investigation.
Extended data:
Paragraph 4 of Article 19 of the Road Traffic Safety Law of the People's Republic of China stipulates: When driving a motor vehicle, you should carry a motor vehicle driver's license with you. Therefore, it is illegal to carry a driver's license with you, and you should bear the corresponding punishment. Handling of not carrying a driver's license with you is as follows:
No matter whether the driver violates the law or not, the driver is not allowed to drive the vehicle again. The traffic administrative department of the public security organ shall detain the motor vehicle and notify the driver to provide the driver's license. Then, according to the information provided by the driver's driving license, respectively:
(a) the driver to provide a driver's license, there is no other illegal driving behavior, given a warning or a fine of more than 20 yuan and less than 200 yuan, and timely return the motor vehicle;
(2) If the driver has provided a driver's license and violates the law while driving, he shall be punished according to the illegal situation and the driver's license that he has not brought with him, and the motor vehicle shall be returned in time;
(three) the driver did not provide a driver's license, according to the punishment of driving without a license.
Article 99 of the Road Traffic Safety Law of the People's Republic of China stipulates that anyone who commits one of the following acts shall be fined between 200 yuan and 2,000 yuan by the traffic administrative department of the public security organ:
(a) driving a motor vehicle without obtaining a motor vehicle driving license, and the motor vehicle driving license is revoked or temporarily detained;
(two) the motor vehicle is driven by a person who has not obtained a motor vehicle driver's license or whose motor vehicle driver's license has been revoked or withheld;
(3) causing escape after a traffic accident, which does not constitute a crime;
(four) the speed of motor vehicles exceeds 50%;
(5) Forcing a motor vehicle driver to drive a motor vehicle in violation of the laws and regulations on road traffic safety and the requirements for safe driving of motor vehicles, thus causing a traffic accident, which does not constitute a crime;
(six) in violation of traffic control regulations, forced passage, do not listen to dissuasion;
(7) intentionally damaging, moving or altering traffic facilities, causing harmful consequences, which does not constitute a crime;
(eight) illegal interception and detention of motor vehicles, do not listen to dissuasion, resulting in serious traffic jams or large property losses.
The motor vehicle driver's license may also be revoked if the actor is under any of the circumstances mentioned in Items (2) and (4) of the preceding paragraph; Under any of the circumstances listed in Item 1, Item 3, Item 5 to Item 8, you may be detained for 15 days.